Beginning in 2009, several local governments have created speech restrictions governing speakers who discuss pregnancy. The laws vary—some expressly target speakers who refuse to refer or provide for abortions; others regulate certain speakers who “provide information about pregnancy” without being a medical professional. The laws require the regulated speakers to post a variety of disclaimers about credentials, services provided, and the government’s recommendations for pregnant women.

To date, every court to consider these laws has found them either wholly or partly unconstitutional. The Second Circuit has recently heard an appeal of one such case, and this December the Fourth Circuit will consider a similar appeal en banc.

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Prof. Jessie B.﻿ Hill, Associate Dean for Faculty Development and Research; Professor of Law and Laura B. Chisolm Distinguished Research Scholar, Case Western Reserve University School of Law

Prof. Bradley P. Jacob, Associate Professor, Regent University School of Law

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